A Lansdale man is heading to prison after pleading guilty sex abuse charges stemming from an incident that occurred at his neighbor’s home in June 2020.
Court records show Nykolus Kelly, 24, of the 800 block of East Hancock Street, pleaded guilty to felony counts of attempted sexual assault and indecent assault without consent on Nov. 5. As part of the plea agreement, further charges of simple assault, indecent assault – forcible compulsion, indecent exposure, loitering and prowling at night, public drunkenness and harassment were withdrawn, according to court records.
Montgomery County Common Pleas Judge Thomas Branca sentenced Kelly to two-to-four-years in prison, followed by six years’ probation. As part of the sentence, Kelly will have to register as a Tier 3 sex offender under Megan’s Law, undergo a psycho-sexual evaluation, undergo a sexually violent predator assessment, cooperate with sex offender supervision, and avoid any future contact with the victims.
According to the criminal complaint, police were dispatched to the 800 block of East Hancock Street on June 25, 2020, at 1:20 a.m. for a report of a male neighbor who walked over to the caller’s house, began masturbating, insisted they have sex with him and then walked back to his house across the street.
Upon arrival, police spoke with two female victims who stated that the man — later identified as Kelly — was intoxicated and stumbling as he walked over to their home. One of the victims said that Kelly rubbed her leg, touched her chest and attempted to touch her private area, then asked both of the girls if they wanted to have sex, to which they replied “no.” Kelly then said he was going to grab a condom from his house and threatened the girls to stay in place until he returned, according to the complaint.
When Kelly returned, he reportedly began to masturbate and then grabbed one of the victims by the hair and attempted to force her to perform oral sex, the report states. Police said that both victims repeatedly said no throughout the incident, and they were eventually able to get Kelly to leave and return to his home.
When police went across the street to speak with Kelly, he was very intoxicated and denied any involvement at first. Kelly was then taken into custody, and both victims positively identified him, according to the report.
Kelly was arraigned by Magisterial District Judge Ed Levine later that morning, who set bail at $10,000 cash. Kelly was then remanded to the Montgomery County Correctional Facility after failing to post bail.
On July 22, 2020, Kelly waived his preliminary hearing in front of Judge Levine, with all charges being held over. The one felony count of attempted involuntary deviate sexual intercourse — forcible compulsion was later changed to criminal attempt – sexual assault.
Kelly, who has remained at the Montgomery County Correctional Facility since his arrest, will receive credit for 499 days of time served, according to court records.
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